Drug Paraphernalia in New Jersey

N.J.S.A. 2C:36-2 · Drug Offenses

What the law says

It is unlawful to use or possess drug paraphernalia with intent to use it for specified activities involving a controlled dangerous substance, controlled substance analog, or toxic chemical in violation of chapter 35 of this title. This section excludes paraphernalia used or possessed with intent to use to ingest, inhale, or otherwise introduce marijuana or hashish into the human body.

This offense is heard in the municipal court where it allegedly happened. A conviction is still a record that shows up on background checks, so it's worth defending.

What the State must prove

To convict, the prosecutor must prove each element beyond a reasonable doubt. Under N.J.S.A. 2C:36-2, that means:

• A person used or possessed drug paraphernalia.
• If the person possessed the paraphernalia, the person intended to use it.
• The paraphernalia was used or intended to be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, ingest, inhale, or otherwise introduce a substance into the human body.
• The substance was a controlled dangerous substance, controlled substance analog, or toxic chemical.
• The conduct involving the substance was in violation of the provisions of chapter 35 of this title.
• The paraphernalia was not used or possessed with intent to use to ingest, inhale, or otherwise introduce marijuana or hashish into the human body.

How the charge is graded

• Any person who violates this section is guilty of a disorderly persons offense.

General sentencing ranges

Unless a statute sets a different penalty, New Jersey's general sentencing laws (N.J.S.A. 2C:43-6, 2C:43-8, and 2C:43-3) set these maximums:

Other rules that can matter

• Using or possessing with intent to use drug paraphernalia to ingest, inhale, or otherwise introduce marijuana or hashish into the human body is not a punishable crime, offense, act of delinquency, or civil violation pursuant to this section.
• Use of drug paraphernalia for that marijuana or hashish purpose may be prohibited or otherwise regulated on or in any property by the person or entity that owns or controls that property.
• The property examples include multifamily housing that is a multiple dwelling as defined in section 3 of P.L.1967, c.76 (C.55:13A-3); the structure or specific units of a cooperative as defined in section 3 of P.L.1987, c.381 (C.46:8D-3); condominium units, as defined by section 3 of P.L.1969, c.257 (C.46:8B-3); or a site in a mobile home park as defined in section 3 of P.L.1983, c.386 (C.40:55D-102), leased to the owner of a manufactured home, as defined in that section, that is installed thereon.

Common defense strategies

Every case turns on its facts, but defenses we often explore include:

• Motions to suppress evidence from unlawful stops, searches, or warrants
• Challenging possession, especially constructive possession in shared cars or homes
• Lab testing, chain of custody, and weight calculations
• Diversion such as conditional discharge (N.J.S.A. 2C:36A-1) or PTI where eligible

What to do right now

1. Don't discuss the facts with police, the alleged victim, or anyone on a jail phone or social media.
2. Write down everything you remember, including names, times, and locations.
3. Keep every document you received, such as the complaint, summons, and release conditions.
4. Follow all release and no-contact conditions exactly.
5. Call a New Jersey criminal defense lawyer before your first court date.

How we help

Edward G. Appel has defended New Jersey clients since 1988 in municipal and Superior Courts in all 21 counties. We review the discovery, look for weaknesses in the State's case, file motions where they're warranted, and push for dismissals, downgrades, or diversion before you face a trial. Call 856-856-2373 for a free, confidential consultation about your Drug Paraphernalia charge.

Related charges

• Strict Liability for Drug-Induced Death →
• Loitering to Obtain or Distribute CDS →
• Possession of CDS →
• Possession with Intent to Distribute CDS →
• Drug Distribution in a School Zone →
• Leader of a Narcotics Trafficking Network →
• Maintaining or Operating a CDS Production Facility →
• Obtaining CDS by Fraud →

Disclaimer: This page is general information about New Jersey law, not legal advice, and doesn't create an attorney-client relationship. Prior results don't guarantee a similar outcome.